RAM RAJ Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) THIS writ petition has been filed for a mandamus directing the respondents to issue a licence to the petitioner for his D.B.B.L. gun.

(2.) IN this case on 7-12-1993 this court granted three weeks time to the Standing Counsel to file counter affidavit but no counter affidavit has been filed. IN this circumstances I am treating the allegations in the petition to be correct and disposing of the petition finally.

(3.) IT has been held by a Division Bench by this Court in Devendra Pratap Singh v. District Magistrate decided on 20-10-93 that every citizen has a fundamental right to carry a nonprohibited weapon, which right Is part of the right to life guaranteed by Article 21 of the constitution. IT hat also been held in the said decision following the judgment of learned tingle judge in Ganesh Chandra Bhatt v. District Magistrate, Almora, 1993 ACC 204, that if an application for arms licence is not disposed of within three months it would be deemed to be allowed. Since in the present case more than 3 months have elapsed since filing of the application, I hold that the application of the petitioner for arms licence stands allowed, and hence I direct that the district Magistrate, Allahabad shall perform the ministerial act of issuing the formal arms licence to the petitioner within two weeks of production of certified copy of this judgment before him.